99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4965

 

Introduced 2/5/2016, by Rep. Litesa E. Wallace

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-8-2  from Ch. 38, par. 1003-8-2

    Amends the Unified Code of Corrections. Provides that upon arrival at a reception and classification center or an inmate's final destination, the Department of Corrections must provide the committed person with appropriate information in writing, verbally, by video or other electronic means concerning the procedure to request that the Department of Healthcare and Family Services suspend a committed person's payment of child support during his or her incarceration in a Department institution or facility if the committed person owes child support. Effective immediately.


LRB099 18133 RLC 42499 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4965LRB099 18133 RLC 42499 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 3-8-2 as follows:
 
6    (730 ILCS 5/3-8-2)  (from Ch. 38, par. 1003-8-2)
7    Sec. 3-8-2. Social Evaluation; physical examination;
8HIV/AIDS; child support.
9    (a) A social evaluation shall be made of a committed
10person's medical, psychological, educational and vocational
11condition and history, including the use of alcohol and other
12drugs, the circumstances of his offense, and such other
13information as the Department may determine. The committed
14person shall be assigned to an institution or facility in so
15far as practicable in accordance with the social evaluation.
16Recommendations shall be made for medical, dental,
17psychiatric, psychological and social service treatment.
18    (b) A record of the social evaluation shall be entered in
19the committed person's master record file and shall be
20forwarded to the institution or facility to which the person is
21assigned.
22    (c) Upon admission to a correctional institution each
23committed person shall be given a physical examination. If he

 

 

HB4965- 2 -LRB099 18133 RLC 42499 b

1is suspected of having a communicable disease that in the
2judgment of the Department medical personnel requires medical
3isolation, the committed person shall remain in medical
4isolation until it is no longer deemed medically necessary.
5    (d) Upon arrival at a reception and classification center
6or an inmate's final destination, the Department must provide
7the committed person with appropriate information in writing,
8verbally, by video or other electronic means concerning HIV and
9AIDS. The Department shall develop the informational materials
10in consultation with the Department of Public Health. At the
11same time, the Department also must offer the committed person
12the option of being tested, with no copayment, for infection
13with human immunodeficiency virus (HIV). Pre-test information
14shall be provided to the committed person and informed consent
15obtained as required in subsection (q) of Section 3 and Section
165 of the AIDS Confidentiality Act. The Department may conduct
17opt-out HIV testing as defined in Section 4 of the AIDS
18Confidentiality Act. If the Department conducts opt-out HIV
19testing, the Department shall place signs in English, Spanish
20and other languages as needed in multiple, highly visible
21locations in the area where HIV testing is conducted informing
22inmates that they will be tested for HIV unless they refuse,
23and refusal or acceptance of testing shall be documented in the
24inmate's medical record. The Department shall follow
25procedures established by the Department of Public Health to
26conduct HIV testing and testing to confirm positive HIV test

 

 

HB4965- 3 -LRB099 18133 RLC 42499 b

1results. All testing must be conducted by medical personnel,
2but pre-test and other information may be provided by committed
3persons who have received appropriate training. The
4Department, in conjunction with the Department of Public
5Health, shall develop a plan that complies with the AIDS
6Confidentiality Act to deliver confidentially all positive or
7negative HIV test results to inmates or former inmates. Nothing
8in this Section shall require the Department to offer HIV
9testing to an inmate who is known to be infected with HIV, or
10who has been tested for HIV within the previous 180 days and
11whose documented HIV test result is available to the Department
12electronically. The testing provided under this subsection (d)
13shall consist of a test approved by the Illinois Department of
14Public Health to determine the presence of HIV infection, based
15upon recommendations of the United States Centers for Disease
16Control and Prevention. If the test result is positive, a
17reliable supplemental test based upon recommendations of the
18United States Centers for Disease Control and Prevention shall
19be administered.
20    (e) Upon arrival at a reception and classification center
21or an inmate's final destination, the Department must provide
22the committed person with appropriate information in writing,
23verbally, by video or other electronic means concerning the
24procedure to request that the Department of Healthcare and
25Family Services suspend a committed person's payment of child
26support during his or her incarceration in a Department

 

 

HB4965- 4 -LRB099 18133 RLC 42499 b

1institution or facility if the committed person owes child
2support.
3(Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11;
497-813, eff. 7-13-12; 98-1046, eff. 1-1-15.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.